5.  The applicant was born in 1970 and lives in Nizhniy Novgorod.
6.  At the relevant time the applicant was an employee of one S., the owner of a private company. On 1 December 2003 an unknown person fired at S.’s car using an AK-74 assault rifle. S. was wounded but survived the attack.
7.  The investigative authorities suspected the applicant and his acquaintances D.A., D.M. and Sh. of having planned it.
8.  In this connection, on 21 April 2004 the Nizhniy Novgorod Regional Department of the Interior authorised an operative drill.
9.  On 26 April 2004 the following instruction was given to the police officers in charge of it:
“The police officers should take [the applicant] in a car belonging to S. to the designated location. The police officers should hold themselves out as members of S.’s personal security service. At the designated location [the applicant] should be met and questioned by a police officer disguised as S.”
10.  At about 10 a.m. on 27 April 2004 on his way to work the applicant was stopped by an unknown man. This man grabbed the applicant’s hand and dragged him into a black car belonging to S.
11.  The applicant tried to escape and shouted for help. Two other men came out of the car and started beating him, forcing him into the vehicle.
12.  The applicant was handcuffed and driven to a forest in the Balakhinskiy District of the Nizhniy Novgorod Region.
13.  According to the applicant, some time later, another car drove up. S. and a man in camouflage with a gun and a plastic bag appeared from the car. The man in camouflage hit the applicant on the back of the head. The applicant fell to his knees and the man kicked him in the back. Then S. kicked the applicant in the chest. After being severely beaten, the applicant was asked why he had wanted S. dead. The applicant denied his involvement in the attempt on S.’s life. Then the man in camouflage rammed a gun in the applicant’s mouth, making his lower lip bleed. Later, unknown persons put a plastic bag over his head, with a view to suffocating him. The applicant passed out a few times. When he regained consciousness, the men began beating him again. Later S. said: “Take an axe and cut off his leg!” After the applicant saw an axe in the hands of one of the men, he told them he would write whatever they wanted. He was given a pen and paper. One of his kidnappers dictated several written statements to him and another one made a video recording. The applicant promised to confess his involvement in the attempt on S.’s life to a police officer, V. He was driven to the police station for this purpose.
14.  On his arrival there, the applicant changed his mind and instead of confessing filed a complaint of ill-treatment by S. and his associates.
15.  In the evening the applicant returned home, where he was met by his partner, L. Later that day he went to a hospital. The following entry was made in his medical record:
“Date of admission to the hospital: 27.04.2004 at 20.30
Date of discharge from the hospital: 14.05.2004
Department: surgery
...
Diagnosis: contusion of the right kidney, a brain contusion, bruising of the soft tissue of the face and limbs, blood in the urine, a subarachnoid haemorrhage and a fracture of the right ninth rib.
...
[According to the applicant,] on 27.04.2004 around 10 a.m., close to Svoboda Square, he was beaten up by three unknown persons, then he was put in a [car] and driven to Dubravniy, where he was beaten again. He received blows to the head, body and limbs. Unknown persons suffocated him with a plastic bag. He lost consciousness a few times...”
16.  On 30 April 2004 the applicant was examined by his doctor, an investigator and an expert in the presence of attesting witnesses. The following injuries were established.
“There are two bruises of an irregular oval shape with blurred borders on the surface of the skin close to the right wrist joint and on the dorsal side of the right hand measuring 1.5 by 2 cm and 1 by 2.5 cm respectively. Similar bruises are located on the front left part of the rib cage on top of the third rib measuring 3 to 5 cm. On the front of the right thigh there are two bruises measuring 1 by 2 cm and 2 by 4 cm respectively. On the back of the left leg there is a bruise measuring 1.5 by 2 cm. On the frontal part of the left leg there is a bruise measuring 3 by 4 cm. On the front of the left knee joint there are two bruises measuring 1 by 3 and 1 by 1.5 cm respectively. In the middle of those bruises there is an oval-shaped scratch measuring 0.7 to 1.5 cm. covered with a reddish-brown scab. Two similar bruises are located on the right shoulder measuring 1 by 1.5 and 1 by 2 cm respectively. Palpating the right temple is painful. The patient has a burst blood vessel in the left eye measuring 0.1 cm.”
17.  After discharge from the hospital the applicant sent all of his medical documents to a licensed specialist in forensic medicine, who reached the following conclusions in a report of 26 July 2004:
“... the [applicant’s] injuries ... could have been inflicted on 27.04.2004 in the circumstances described by the applicant ... [His resulting incapacitation for work for] twenty-one days enables the conclusion that the injuries in question should be classified as inflicting medium-severity damage to the [applicant’s] health ...”
18.  The investigation into the attempt on S.’s life subsequently abandoned the theory that the applicant had been involved and its eventual outcome is unclear.
19.  On 7 June 2005 the applicant obtained, for the purposes of the present case, the following statement from his partner L. The statement reads as follows:
“[The applicant] is my partner. On 27 April 2004 at about 10 a.m. we went to work. My partner had no complaints about his health and no bodily injuries. [While] on the bus he noticed that a familiar car was following us. I do not remember the model or the car’s number plate. I got off at the Minina bus stop and went to work. After arriving at work I phoned [the applicant] but could not reach him. I tried to call several times more [but the applicant did not answer me].
At about 5 p.m. [the applicant] contacted me and asked me to go home and to not open the door to anybody. At about 6 p.m. I returned home. At about 7.30 p.m. [the applicant] came home. He looked bad. His face was blue. He could hardly move and kept his arm across his chest. His clothes were dirty. He told me that S. with his associates had kidnapped him earlier that day and had driven him to a forest where they had ill-treated him, forcing him to confess to S.’s attempted murder. He also told me that afterwards he had been driven to a police station to see V.
Subsequently [the applicant] went to hospital where he was admitted until 14 May 2005 for inpatient treatment. He later received outpatient treatment there.”
20.  In response to the applicant’s complaint of 27 April 2004 (see paragraph 14 above) the Prosecutor for the Nizhegorodskiy District of Nizhniy Novgorod (“the Prosecutor’s Office”) carried out a preliminary check. An investigator questioned M., one of the police officers involved in the operative drill, and S. The documents issued in connection with the drill were declassified and the police report of 27 April 2004 containing the summary of what had happened was added to the case file. It reads as follows:
“At 10.00 a.m. [the police] forced the applicant into the car with a view to forcing him to talk to the ‘right man’. The applicant shouted for help and fought. He was counteracted by the police officers. No injuries were inflicted on him. The car drove [the applicant] to the designated location, where a police officer disguised as S was waiting for him. The police officer imitating S. asked: ‘Why did you shoot me?’ [The applicant] was stressed and showed real fear. [The applicant] answered that he had not been involved in S.’s attempted murder and had no information about it. At the same time [the applicant] told him that on 8 December 2003 at D.M.’s request he and Sh. had gone in Sh.’s car to Okskiy to check out a car. For this purpose, D.M. had provided them with a hand-drawn map of the car’s location. [The applicant] later threw the map away. [While] at the location [the applicant] spoke with D.M. and D.A. by phone. Later [the applicant] went back to [work]. He did not know that the car had been used in S.’s attempted murder ...
In this connection [the applicant] was invited to write down his statements in a report, addressed to the Prosecutor’s Office. The applicant agreed to do so. He was advised to take the report to a law-enforcement authority. The applicant agreed to file it with V. During this discussion the applicant asked for alcohol and money for his services, complaining about the poor conditions of his life and low salary of 4,000 roubles.
At 1.15 p.m. V. was informed of the results of the operational drill. V. ordered that [the applicant] be brought to the police station. This instruction was put into effect. The operative drill was finished at 2 p.m.”
21.  On 2, 21 June and 17 July 2004, following the orders of the investigative authorities, the applicant was examined by doctors who inspected his general appearance, the condition of his skin and gave him a general physical examination. No injuries on the applicant’s body, except a scar on his palm, were established. These findings were reflected in three expert reports.
22.  On 16 August 2004 the Prosecutor’s Office refused to institute criminal proceedings concerning the applicant’s complaint. The refusal reads as follows:
“On 27 April 2004 [the applicant] contacted the Prosecutor’s Office, demanding the criminal prosecution of S and members of his personal security service who at about 10 a.m. on 27 April 2004 kidnapped him from a bus stop on Svoboba Square. He was forced into a [car] and driven to a forest close to Dubravniy where he was beaten for two to three hours. The kidnappers beat him and made threats to his life. They told [the applicant] to confess and to prepare a written statement in which [it is stated that the applicant], D.A. and D.M. were guilty of attempting to murder S. [The applicant] repeated [this] during his examination as a witness and during a crime scene reconstruction. However, during the crime scene reconstruction he could not point to the exact place where he had been beaten by the kidnappers.
According to the applicant, after this incident, at 8.30 p.m. on 27 April 2004 he went to [a hospital] where doctors diagnosed contusion of the right kidney, brain contusion, bruising of the soft tissue of the face and limbs, blood in the urine, subarachnoid haemorrhage, fracture of the right ninth rib.
However the preliminary investigation established that on 27 April 2004 [police officers] had performed an operative drill involving the applicant on the basis of an order of 21 April 2004 issued by the Deputy Head of the Nizhniy Novgorod Regional Department of the Interior in order to assess the applicant’s involvement in S.’s attempted murder. In the course of the operative drill the applicant was driven to a forest in the Balakhinskiy District of the Nizhniy Novgorod Region. [The applicant] explained that, upon D.M.’s request, on 8 December 2003 he and Sh. had towed [a car] located in Okskiy. This car was used in an attempt on S.’s life. [The applicant] also noted that D.M. and D.A. had instructed him as to what he should say to the police [if stopped]. They wanted him to state that they were going to a cemetery in the Avtozavodskoy District of Nizhniy Novgorod, passing through Okskiy on the way there.
In the course of the operative drill no violence was used against the applicant. There was no use or brandishing of firearms or [other] weapons [during the drill].
The operative drill was audio and video recorded by a hidden camera.
The operative drill was performed in accordance with sections 6–11 of the Operational Search Activities Act.
The aforementioned findings are confirmed by statements of M., who was involved in the operative drill and who has been questioned as a witness.
A report of the operative drill was declassified and joined to case file no. 69727. S., who was examined by the police [as a witness], explained that on 27 April 2004 from 10 a.m. to 6 p.m. he had been in his office (except a lunch break for one hour). He had not given orders to his personal security service concerning [the applicant’s] kidnapping. S.’s statements are confirmed by the statements of I. [the identity of this person is unclear]
From the aforementioned it follows that S. did not commit a criminal offence prohibited by Articles 116, 119 and 126 of the Criminal Code of Russia.”
23.  The applicant learned about the police involvement in the incident of 27 April 2004 from this refusal.
24.  On 22 September 2004 the applicant wrote to the Prosecutor’s Office asking it to prosecute the police officers involved in the events of 27 April 2004. He also challenged the decision of 16 August 2004 before a higher authority.
25.  On 30 September 2004 the police ordered an expert examination of the applicant by a psychologist with a view to checking his personality and propensity to lie. Among other documents, the authorities made available to the expert the video records of the applicant’s statements concerning the events of 27 April 2004 as well as video records of the operative drill of 27 April 2004. In the expert report subsequently drawn up on 28 January 2005 it was found that the applicant had “a personality with heightened level of restlessness, conformist, with high dependence on the influence from the exterior”, which could explain the fact that he had earlier changed his statements multiple times. In the description of the circumstances of the case, the report also mentioned as a finding that:
“... during the operative drill, when the police officers presented themselves as the security service of S. and S. himself and put psychological pressure on [the applicant] (during daytime, at a crowded place, forced him into a car, drove him to the forest, demanded to confess in the attempt on S.’s life ...). These actions of the officers could provoke the applicant’s feelings of worry, fear for his life, future and the wish to prevent the negative consequences ...”
26.  On 19 October 2004 the Prosecutor for the Nizhniy Novgorod Region quashed the decision of 16 August 2004 and remitted the case for further investigation, having found the following:
“[The applicant] challenged before the Prosecutor for the Nizhniy Novgorod Region the decision not to institute criminal proceedings following his complaint of 27 April 2004.
An examination of case file no. 697272 and the applicant’s complaint indicates that the refusal of 16 August 2004 is premature and that the case requires further investigation. In this connection, the applicant’s complaint should be granted.”
27.  In this decision the Prosecutor for the Nizhniy Novgorod Region did not point out any specific defects in the investigation.
28.  On 18 March 2005 the investigative authority issued a new decision refusing to bring a prosecution. The first part of this refusal repeated the previous findings of the Prosecutor’s Office cited above (see paragraph 22 above). The remaining part reads as follows:
“Expert reports of 2, 21 June and 17 July 2004, a medical examination of 30 April 2004, along with statements of expert Y. could not confirm the applicant’s injuries.
On 16 August 2004 [the Prosecutor’s Office] refused to institute criminal proceedings against S. because no indication of the criminal offences prohibited by Articles 116, 119 and 126 of the Criminal Code of Russia was found in his actions.
On 19 October 2004 [the Prosecutor’s Office for the Nizhniy Novgorod Region] quashed the refusal and remitted the case for further investigation.
Information provided by an ambulance station [shows that] the applicant did not make any telephone calls to the ambulance station.
Sh., who was examined [in connection with the applicant’s allegations,] stated that towards the end of April 2004 he had spoken with [the applicant], who had mentioned his [having been] beaten. In response to the question: ‘where are you?’ [the applicant] replied that he was in a sauna. The telephone company confirmed that on 27 April 2004 after 4 p.m. the [applicant’s] telephone was located in an area of his workplace, the ‘Atlantic’ sauna club. M., [one of the policemen involved in the operative drill] who was repeatedly questioned [in connection with the applicant’s allegations], confirmed his previous statements. He pointed out that no physical [ill-treatment] or psychological pressure had been used against [the applicant], no firearms or [other] weapons had been brandished. There were no visible injuries on the applicant’s body. The applicant had not complained about his health and looked healthy. He had not resisted the police after he had been forced into the car. During the operative drill [the applicant] had not injured himself. He had also noticed that one of the police officers was disguised as S. S.O. and M.B. [the applicant’s acquaintances] stated that they had seen the applicant on 27 April 2004 after the alleged incident. He was not injured and he did not complain about his health. He had a positive attitude and ‘drank cognac’.
The expert psychological report of 28 January 2005 (no. 340/4446/27) indicated that the applicant had an anxious and compulsive, highly co-dependant personality. His statements about a car being towed and about being put under pressure were not true.
Moreover, the applicant’s statements which had been given during the operative drill were confirmed by other case materials. The revised statements of the applicant were not confirmed.
The investigation shows that the operative drill concerned the applicant. It was carried out in line with the requirements of federal law.
No objective information confirming [that] the applicant [was] beaten [or subjected to] psychological pressure, physical ill-treatment or violence was found.
It is impossible to disprove M.’s and S.’s statements and the statements of other witnesses.
No evidence of the criminal offences prohibited by Articles 116, 119, 126, 285 and 286 of the Criminal Code of Russia was found during the present investigation.
No evidence [pointing to the truth] of [the applicant’s version of the events] was found. All methods of gathering evidence were used by the investigation.
In the light of the above findings, there are no signs of the criminal offences provided by Articles 116, 119, 126, 285 and 286 of the Criminal Code of Russia in the actions of the police officers.”
29.  The applicant challenged this refusal to institute criminal proceedings in court. He complained that the investigative authority had failed to perform investigative actions. In particular, the police officer disguised as S had not been questioned by the police. The police had not examined medical documents provided by the applicant or the video records of the operative drill. The applicant also noted that the police had not investigated the alleged use of force when he was pushed into the car. In court, the applicant also complained that the prosecutor’s office had not found any eyewitnesses to his kidnapping.
30.  On 12 May 2005 the Nizhniy Novgorod Sovetskiy District Court dismissed the applicant’s claim, having found as follows:
“From the criminal case file no. 69727 it is evident that on 27 April 2004 the police performed an operative drill concerning [the applicant] on the basis of [the police] order of 21 April 2004. It was carried out in order to check [the applicant’s potential] involvement in the offence. During the operative drill the applicant was put into a car and taken to a forest in the Balakhinskiy District of the Nizhniy Novgorod Region.
According to the records of the operative drill and M.’s statements, which were confirmed in the court hearings, no violence or weapons were used against [the applicant]. According to [the applicant’s] statements, he suffered body injuries which had been confirmed by medical records. The validity of the medical records could not be examined in the present proceedings as by an order of 21 March 2005 the investigator instituted separate proceedings in this connection.
The investigative authorities after declassification of the records of the operative drill provided all of the participants in the present proceedings with the relevant transcripts. There is no information regarding the applicant’s request for an ... examination of [whether] the recordings [had been tampered with].
In the court hearings, the applicant stated that eyewitnesses to his kidnapping of 27 April 2004 from Svodboda Square had not been questioned and the police had not investigated his allegation that one of the witnesses to this incident had phoned the police. The applicant and his lawyer made no attempt to find these witnesses. The court was not provided with information about them.
The above findings enable the court to conclude that the applicant did not provide the court with new information which could refute the lawfulness of the investigator’s order.
In the courts’ view, the impugned order was issued after an examination of all of the evidence at [the prosecutor’s office’s] disposal. The investigator properly assessed the evidence.
In this connection, the court does not see any grounds for granting the applicant’s claim.”
31.  On 24 June 2005 the Nizhniy Novgorod Regional Court upheld this decision on appeal, having found as follows:
“Having examined the statement of appeal, the court sees no grounds for granting [the appeal].
The court of first instance, in line with the requirements of Article 125 of the Code of Criminal Procedure of Russia (“CCP”), examined the reasons for the investigator’s refusal and its lawfulness.
The conclusions in the court’s decision were validly made on the basis of an examination of the case file, which allows this court to uphold the trial court’s findings ...
The argument [made] in the statement of appeal lodged by the [applicant’s] lawyer concerning the unreasonableness of the refusal is baseless.
The court of first instance correctly pointed out that information about [the applicant’s] injuries [could not be admitted as evidence] because there were separate proceedings pending before the investigative authorities [to check whether the medical certificates had been falsified]. The court had no jurisdiction to assess [the medical evidence] in the proceedings under Article 125 of the CCP.
The defence’s claim concerning the arbitrary assessment of the evidence is a pernicious argument, as in the relevant part of the proceedings the court had no jurisdiction to assess [this aspect] of the collected evidence because the case was not being examined in full.
The refusal was issued by a competent official of the Prosecutor’s Office within its jurisdiction and in line with requirements of Articles 145 and 148 of the CCP.
Taking into account the aforementioned considerations, the court concludes that the trial’s court’s decision of 12 May 2005 is reasoned and lawful.”
32.  On 10 September 2008 the criminal investigation instituted by order of 21 March 2005 in connection with the alleged falsification of the applicant’s medical records and mentioned in the judgment of 21 May 2005 (see paragraphs 30 and 31 above) was discontinued for the lack of indication of any crime.